ANANT VYAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This intra court appeal has been preferred challenging the judgement dated 1.10.2019 passed by the learned Single Judge whereby, the writ petition preferred by the appellants challenging the order dated 28.5.2019 passed by the respondent no.2 whereby, affiliation certificate dated 29.10.2018 given to the appellant no.2 was cancelled and the election certificate dated 11.2.2016 was revived, has been dismissed.

(2.) The appellant-petitioners filed a writ petition stating that in the last election of the appellant no.2, the District Cricket Association, Tonk, a district body of the Rajasthan Cricket Association, held on 28.10.2018 under the observance of observers from Rajasthan Cricket Association as well as District Sports Council, the appellant no.1 was elected as Secretary of the appellant no.2-association and a certificate of affiliation dated 29.10.2018 was given to the appellants by the District Sports Officer. It was submitted that without any prior notice, an order dated 11.02.2019 came to be passed by the respondent no.2, the Secretary, Rajasthan State Sports Council, cancelling the affiliation certificate dated 29.10.2018 alleging that the elections held on 28.10.2018 were not in conformity with the Rajasthan Sports Act, 2005 and Rajasthan Sports Rules, 2004. The appellants filed a writ petition no.4895/2019 challenging the order dated 11.2.2019 which was disposed of by the learned Single Judge vide its order dated 13.3.2019 whereby, the order dated 11.2.2019 was set aside and the respondent no.2 was directed to decide the matter afresh after affording the appellants herein a proper opportunity of hearing. Contending that the enquiry being conducted by the respondent no.2 in pursuance of the direction of the Court dated 13.3.2019, was not in conformity with the principles of natural justice, the appellants filed another writ petition no.7956/2019, which came to be decided by this Court vide order dated 16.5.2019 with the observation that the enquiry report dated 7.2.2019 be not made basis for the fresh enquiry and the enquiry officer was required to proceed afresh ignoring the enquiry report dated 7.2.2019. Thereafter, the respondent no.2, vide its order dated 28.5.2019, cancelled the certificate of affiliation dated 29.10.2018 and re-validated the election certificate dated 11.2.2016 till completion of its tenure. The legality and validity of the order dated 28.5.2019 was assailed by the appellants in the writ petition on the grounds that the appellants were not afforded opportunity of making their submission, were not supplied the copies of documents which were made basis by the respondent no.2 for passing the order impugned, it was passed without conducting a fresh enquiry in fair and impartial manner and in gross violation of principles of natural justice. The learned Single Judge vide judgement dated 1.10.2019 impugned herein, dismissed the writ petition.

(3.) Assailing the judgement dated 1.10.2019, Shri S.S. Hora submitted that under Section 21 of the Rajasthan Sports (Registration, Recognition and Regulation of Associations) Act, 2005, it is the State Level Sports Association only which is authorised to de-affiliate any District Level Association and not the Secretary, Rajasthan State Sports Council, the respondent no.2. He further submitted that the power of enquiry under the Act of 2005, is vested with the Registrar vide Section 23, who after holding the enquiry, can appoint adhoc committee over the association whereas in the present case, the respondent no.2 has, without any authority, passed the order impugned dated 28.5.2019.